OHS 1000 Module 3/4/5 Flashcards

List the three reasons as to why safety is managed

• economic

• legal

• moral

King Hammurabi

Developed earliest safety rules 2000 BC.

List 3 major defenses in Injury Compensation

Assumption of risk - employer is not liable as the employee understood the risks

Fellow Servant rule- employer is not liable for an employees injury that was caused by a fellow employee

Contributory Negligence - employer is not responsible for an employee being injured due to their own neglegence

Fredrick Winslow TAYLOR

Father of management science.

Develop a science for every job

Carefully train workers

Carefully select workers

Support workers by planning their work.

He developed a concept of work design, work measurement, production control, and other functions that completely changed the nature of industry.

Alice Hamilton

remembered for her contributions to the field of occupational health and industrial toxicology.

Elton Mayo

Hawthorne effect - employees work harder if they receive added attention.

Job performance must be approached from a behavioural standpoint as well not just introducing a new policy or physical change.

H.W. Heinrich

Father of modern safety. His major accomplishment was the Ten Axioms of Industrial Safety and the Domino Theory. He was the first to have proposed an organized set of safety principals. However, he attributed most accidents to the cause of unsafe acts/workers.

The Loss Causation Model (LCM), introduced by Bird and Germain.

Updated Domino Theory. THE LCM contributes most accidents are caused due to 3 inefficiencies. (Missing or inadequate system levels, Missing or inadequate standards, lack of compliance with systems or standards)

Abraham Maslow

Humanistic psychologist known for his "Hierarchy of Needs" and the concept of "self-actualization"

Fredrick Herzberg

theory on how to motivate workers used "two factor theory" Job Satisfaction and Job Dissatisfaction; research based around questionnaires and interviews (motivation hygene theory

Douglas McGregor's Theory X and Theory Y

-Based on two basic assumptions about people: (1) Theory X, which views employees negatively and sees the need for structured organizations with strict hierarchal lines and close supervision, and (2) Theory Y, which takes a more humanistic view towards employees, believing they are capable of being motivated and productive.

-The basic assumptions involved are not collectively made by management, nor do these assumptions apply across the board to all employees. Rather, they are assumptions made by individual supervisors about individual employees. The supervisor then treats each employee in accordance with the assumption he has made about that employee. In turn, the behavior of the employee involved is in response to the way he is treated by the supervisor.

Dr. Dan Peterson

Safety professional who wrote over 17 books. Believed that:

every accident is a result of a system failure

perception surveys assess the current state of an organization's safety culture

the goal should be to develop a safety culture - where safety is shared as a key value of the organization

Bernadino Ramazzini

father of industrial medicine." He published the first comprehensive text on occupational medicine in 1700. His book (Discourse on the Diseases of Workmen) contained accurate descriptions of many of the occupational diseases that were common at that time. For example, he was probably the first person to correctly describe how workers developed silicosis.

How were apprentices treated prior to the industrial revolution?

In medieval times master craftsmen instructed apprentices to work safely because they understood the value of high-quality, efficient production. Workers were valuable and it was in everyone's best interest to ensure that workers remained unhurt and able to work.

Industrial Revolution

A period of rapid growth in the use of machines in manufacturing and production that began in the mid-1700s. Workers were subjected to horrible working conditions. Machines were designed with no consideration of safety.

British Factory Act of 1833

Forbade employment of children under nine and limited the work day to nine hours for children between 9-13. One of the first laws introduced to protect workers.

Workers Compensation Act of 1897

This landmark legislation established that employees were entitled to compensation for injuries sustained at work, even if not due to employer negligence, with some exceptions.

Hawthorne Effect

Discovered in 1924 by Elton Mayo. Changing of light levels led to a discovery of employee productivity. The light levels were not the cause it was the attention the workers received. Indicating it is important to involve and ask for the input of staff to improve safety culture.

What is a risk for entry level workers and why are they motivated? (Hierarchy of needs)

Often are looking for job security to meet their basic needs. Are often subjected to more dangerous work and will take on risks to keep being employed.

Legislation

The process of making laws. A law or a series of laws. (Canadian Oxford Dictionary, 1998)

Compliance

The act or an instance of complying; obedience to a request, command, etc. (Canadian Oxford Dictionary, 1998)

Statute

A written law passed by a legislative body. (Oxford Dictionaries Online)

Depending on the jurisdiction, there may be separate statutes for prevention of unsafe working conditions and the provision of workers' compensation. There may also be separate statutes for specific activities or industries, such as transporting dangerous goods.

Regulation

a rule or directive made and maintained by an authority.Regulations are "enabled" by the statute, making them a legal requirement

Standard

A document specifying nationally or internationally agreed properties for manufactured goods, etc. (Canadian Oxford Dictionary, 1998)

You will often see standards in OH&S laws for the design of specialized equipment, such as protective helmets. Still other standards may provide detailed instructions for procedures, such as occupational hygiene testing or respirator fit testing. These details become law when included or referred to in ohs legislation.

Code

A set of rules on any subject. (Canadian Oxford Dictionary, 1998)

Some codes, like building and fire codes, apply to all types of structures, so each workplace will be regulated according to its function. Other kinds of codes may specify safe working procedures (a common example in most jurisdictions is an electrical safety code).These details become law when included or referred to in ohs legislation.

Best Practices

A best practice is a voluntarily-implemented standard that exceeds the legal requirements. This term may be used interchangeably with the term good industry practice.

If legal requirements are the things we must do, best practices are the things we can choose to do.It can be useful to think of best practices as marketplace assets, or as standards expected in the "court of public opinion."

jurisdiction

The extent of a legal or other authority; the territory it extends over. (Canadian Oxford Dictionary, 1998)

A jurisdiction based on political or geographic boundaries, such as a city or municipal by-law, or provincial Workers Compensation Act such as the British Columbia Workers Compensation Act.

A jurisdiction based on the classification of a workplace as federal or provincial.

A jurisdiction based on the industry such as the railways or mines.

A jurisdiction based on a specific activity such as transporting dangerous goods.

How many OH&S jurisdictions are there in Canada?

Thus, there are fourteen OH&S jurisdictions in Canada:

one federal

ten provincial

three territorial

According to the Canadian Centre for Occupational Health and Safety, approximately 10% of Canadian workers are regulated by federal requirements, and the remaining 90% are regulated by one of the provincial or territorial jurisdictions.

Mandate

An order given to a person, organization, etc. to carry out a certain task. (Canadian Oxford Dictionary, 1998)

Name 3 health and safety functions covered by legislation:

prevention of unsafe working conditions

regulation and enforcement of workplace health and safety

compensation for workers who suffer a work-related injury or illness.

3 Primary Objectives of sentencing for a violation of the health and safety legislation

1- deterrence

2- retribution

3- rehabilitation

Bill C-45 (Westray Bill)

Amendment to the Criminal Code making organizations and anyone who directs the work of others criminally liable for safety offences.

due diligence

Necessary level of care and attention that is taken to investigate an action before it is taken.

There are two branches of the defence of due diligence. First, the defence will be available if the accused reasonably believed in a mistaken set of facts which, if true, would render the act or omission innocent. Secondly the defence will be available if the accused took all reasonable steps to avoid the particular event."

List the 3 options for defence for someone accused of violating a health and safety law

officially induced error

abuse of process

due diligence.

Canadian Labour Code

Governs organizations in the federal jurisdiction, such as banks, grain eleveators, flour mills, highway transport, pipelines, radio and television broadcasting etc.

The Canada Labour Code empowers a government department, the Labour Program under the umbrella of Employment and Social Development Canada, to carry out prevention activities as well as enforce the legal requirements in the federal jurisdiction. Specific requirements are contained in the Canada Occupational Safety and Health Regulations.

Provincial and Territorial Jurisdictions

vary in their organizational form

WCB does prevention, enforcement, and compensation

Manitoba - prevention, enforcement and regulations are done from Workplace Safety and Health Division of the provincial labour department, and compensation services are provided by the Workers' Compensation Board of Manitoba.

Prescriptive Regulations

-straightforward to enforce, since compliance is objective.

-generally inflexible, and are often used for serious hazards

-can be frustrating to comply with if the exact method of compliance seems unsuited to some situations.

Performace-based regulations

- allow for flexible application

- can lead to concerns of arbitrariness, unless there are detailed written interpretations

- usually reactive by design